WORLD TRADE  
ORGANIZATION  IP/C/W/541/Add.2 
26 October 2009 
 
 (09-5299) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM 
OTHER INTERGOVERNMEN TAL ORGANIZATIONS 
 
UNITED NATIONS CONFERENCE ON TRADE  
AND DEVELOPMENT (UNCTAD) 
 
Addendum  
 
At its meeting of 8-9 June 2009, the Council fo r TRIPS agreed to invite intergovernmental 
organization observers to the Council to update th e information on their technical and financial 
cooperation programmes relating to the impl ementation of the TRIPS Agreement.  
 The present document reproduces the informati on which has been received from the United 
Nations Conference on Trade and Development ( UNCTAD) by means of a communication dated 
22 October 2008.  
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I. INTRODUCTION:  UNCTAD'S WORK  IN THE AREA OF INTELLECTUAL 
PROPERTY RIGHTS AND DEVELOPMENT 
 Responding to the new mandate received from Me mber States at the Ministerial Conference 
in Accra, as well as to the WIPO Developm ent Agenda and the World Health Assembly's 
Resolution 61.21 on a Global Strategy and Pl an of Action on Public Health, Innovation and 
Intellectual Property, the UNCTAD Secretaria t is implementing a work programme on the 
development dimensions of intellectual property (IP ) rights.  The IP programme conducts research 
and analysis on trade and development aspects of  intellectual property and facilitates consensus-
building in international discussions on issues at th e interface between investment and intellectual 
property.  Located in the Division on Investment  and Enterprise, the IP programme responds to 
requests for technical assistance through research an d advises on policy options in these fields for 
successfully integrating developing countries into the world economy.  
 
II. RESEARCH AND POLICY ANALYSIS 
1. The UNCTAD-ICTSD (International Centre fo r Trade and Sustainable Development) 
Project on Intellectual Property Rights and Sustainable Development  is intended to address the 
concerns voiced by developing countries with resp ect to the implementation of the TRIPS Agreement 
and new developments in the area of intellectua l property rights (IPRs) contained in multilateral 
treaties and regional and bilateral free trade agreements.1  The project aims at improving the 
                                                      
1 Since 2001, the project has benefited from the financial support of the UK Department for 
International Development (DFID), the Swedish Intern ational Development Cooperation Agency (SIDA) and 
the Rockefeller Foundation. IP/C/W/541/Add.2 
Page 2  
 
  understanding of the development im plications of IPRs; facilitating in formed participation in ongoing 
multilateral, regional and bilate ral negotiations, as well as assisting national authorities in the 
implementation of international IP commitments and adoption of forward-looking national IPRs 
policies.  At the end of 2006, UNCTAD and ICTSD entered into a new phase of their project, which aims at assisting developing countries in integra ting intellectual property issues into their overall 
development objectives.  Under the new project phase, UNCTAD provides technical assistance to 
interested governments in the form of Developm ent Dimension of Intellectual Property (DDIP) 
Reports (see below, Section II for details).  
2. In the area of research and policy analysis , UNCTAD and ICTSD have recently launched a 
series of Policy Briefs  on the issues related to the implementation of the 45 WIPO Development 
Agenda recommendations.  The Policy Briefs aim to  examine the issues in a creative manner with a 
view to identifying concrete recommendations and specific activities to foster implementation of the 
recommendations. Published Briefs include, so far: 
(i) A2K and the WIPO Development Agenda:  Time to List the Public Domain , by Uma 
Suthersanen, Reader in IP Law and Policy, Sc hool of Law, Queen Mary University of 
London, December 2008 (Policy Brief No.1); 
 
(ii) Does TRIPS Art. 66.2 Encourage Tec hnology Transfer to LDCs? An Analysis of 
Country Submissions to the TRIPS Council (1999-2007) , by Suerie Moon, Giorgio 
Ruffolo Doctoral Research Fellow and Doctor al Candidate, Center for International 
Development, Kennedy School of Govern ment, Harvard University, December 2008 
(Policy Brief No.2); 
 
(iii) Addressing the Interface between Patents and Technical Standards  in International 
Trade Discussions , by David Vivas-Eugui, Deputy Programmes Director, ICTSD and 
Pedro Roffe, Senior Research Fellow, ICTSD , February 2009 (Policy Brief No.3); 
 
(iv) Negotiating Trade, Innovation and In tellectual Property: Lessons from the 
CARIFORUM EPA Experience from  a Negotiator's Perspective , by Malcolm Spence, 
Senior Coordinator, Intellectual Property Science and Technology Issues, Caribbean 
Regional Negotiating Machinery, Sept ember 2009 (Policy Brief No. 4); 
 
(v) The Bayh-Dole Model in Developing Countri es: Reflections on the Indian Bill on 
Publicly Funded Intellectual Property , by Bhaven N. Sampat , Assistant Professor, 
Department of Health Policy and Mana gement, Columbia University, October 2009 
(Policy Brief No. 5). 
 3. Furthermore, the research and policy analysis conducted under this part nership to date has 
resulted in numerous other publications, including, inter alia : 
• A Resource  Book on TRIPS and Development  providing a development-oriented 
analysis of each provision of the TRIPS Agreement, taking into account economic and social implications and IPR trends in n on-WTO forums.  The book is available on the 
project website ( www.iprsonline.org
) and was published by Cambridge University 
Press in February of 2005. 
 
• An Issue  Paper Series  on various topical IPR issues including transfer of technology, 
public health, geographical indications, nutr ition, traditional knowledge, TRIPS-plus in 
bilateral and regional agreem ents, innovation, competition, and computer software (see 
at www.iprsonline.org ).  
  IP/C/W/541/Add.2 
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  III. TECHNICAL ASSISTANCE  
4. UNCTAD's IP programme conducts technical assistance activities with developing countries 
in the integrated areas of investment and intellect ual property.  These projects are on a request basis 
and funded by donor govern ments and institutions.  
A. IPR S AND LOCAL PHARMACEUTICAL PRODUCTION AND SUPPLY CAPACITY OF ESSENTIAL 
MEDICINES .   
5. In 2005, UNCTAD was mandated by its Commi ssion on Investment, Technology and Related 
Financial Issues to engage on work  related to the local manufacturing and supply of pharmaceutical 
products, in the context of MDG 8, Target 17.2  The Commission recommended that: 
"UNCTAD should, within its work programme  on investment, technology transfer and 
intellectual property, assess ways in which developing countries can develop their 
domestic productive capability in the supply of essential drugs in cooperation with pharmaceutical companies."
3 
 
6. In the pursuit of this mandate, UNCTAD est ablished in 2006 a pilot programme on local 
pharmaceutical production with the financial s upport of Germany and the United Kingdom.  The 
overall objective of the programme, implemented by the IP Team, is to assist developing countries, 
and least-developed countries (LDCs) in particular, to establish domestic intellectual property regimes 
that facilitate increased ac cess to affordable medicines; and, wh ere feasible, create local or regional 
pharmaceutical production and supply capacities, including in cooperation with investors.  The main 
activities of this programme are: 
• The preparation of a Stakeholders' Reference Guide to IP and Related Policies .  The 
objective is to provide concise and practical information on ways to promote local pharmaceutical production and improve access to  medicines through a variety of policy 
tools, focusing on the flexibilities provide d under TRIPS, and the interfaces between 
IP, trade and investment, drugs regulation a nd procurement strategies.  An advanced 
draft of the Guide is being used as the basi s for training courses for stakeholders from 
selected developing countries.  The Gu ide is currently being finalized.  
 
• The organization  of training courses  for stakeholders from developing countries, using 
the above guide and accompanying training mate rials.  The beneficiaries identified to 
date, based on requests for technical assistan ce, are Botswana, Ethiopia, Kenya, the 
United Republic of Tanzania, the East Afri can Community (EAC), the Association of 
Southeast Asian Nations (ASEAN), and the Economic and Social Commission for Asia 
and the Pacific (UNESCAP).  The target a udience consists of government officials and 
policy makers;  local pharmaceutical companies and their legal counsels; as well as civil society.  The objective is to familiarize course participants with the tools available 
under the TRIPS Agreement to better align their intellectual property regime with 
national health objectives.  The first re gional training course took place in Addis 
Ababa, Ethiopia, in March 2007
4.  UNCTAD, ICTSD and Capacity Building 
International Germany (InWEnt) are organizi ng, in December of this year, a capacity-
building workshop on "Flexibilities in Intern ational Intellectual Property Rules and 
                                                      
2 "In cooperation with pharmaceutical companies, provide access to affordable essential drugs in 
developing countries".  
3  See at http://www.unctad.org/en/docs/c2l22_en.pdf  (paragraph 9 (c) of the Agreed 
Recommendations). 
4 (see http://www.unctad.org/sections/dite_totip/docs/dite_pcbb_ias0049_en.pdf ) IP/C/W/541/Add.2 
Page 4  
 
  Local Production of Pharmaceuticals for the Southern, Central and West African 
Region".  The workshop examines TRIPS Agreement obligations and flexibilities available to developing countries, and the L east Developed Countries in particular, that 
can support the local production of generic pharmaceuticals. 
 
• The preparation of country reports  on the national intellectual property and investment 
regimes of selected developing countries.  These reports, which for the time being have 
been prepared for Ethiopia, Tanzania, and the EAC Secretariat, contain some detailed 
policy recommendations aimed at facilitating the establishment of local pharmaceutical production and supply capacity.  
 
B. UNCTAD
 COUNTRY CASE STUDIES ON TRANSFER OF TECHNOLOGY FOR LOCAL 
PHARMACEUTICAL PRODUCTION IN DEVELOPING COUNTRIES  
7. In response to the new mandate under the Worl d Health Assembly's Resolution 61.21 on a 
Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, UNCTAD 
has been requested to analyze cas es of transfers of technologies to developing countries regarding the 
local production of pharmaceutical products.  This ac tivity is carried out under the umbrella of a 
broader project implemented by the World Hea lth Organization and funded by the European 
Commission.  UNCTAD and ICTSD have committed to carrying out a number of specific activities under this project.  The objective of the UNCTAD case  studies is to identify factors that are key to 
successful transfers of pharmaceutical technology to enable viable production of medicines in 
developing countries.  UNCTAD is analyzing techno logy transfers to local producers in the following 
countries: Argentina, Bangladesh, Colombia, Cuba, Ethiopia, Indonesia, Jordan and Uganda.  The 
case studies will be presented at regional dialogues organized by ICTSD under the same project and 
will feed into a methodology for assessing countries'  capacities to undertake local production, as well 
as their prospects for improving hea lth-related technology transfer.  
C. D
EVELOPMENT DIMENSION OF INTELLECTUAL PROPERTY (DDIP)  REPORTS  
8. Under the new phase of the joint UNCTAD- ICTSD Project on IPRs and Sustainable 
Development, UNCTAD is producin g, upon request by a developi ng country or least-developed 
country, a number of reports on the development di mensions of intellectual property (DDIP).  The 
objective of a DDIP report is to examine devel oping countries' and LDCs' policy, legal and 
institutional framework for IPRs, particularly as it re lates to important development objectives such as 
innovation, technology, investment, competition, e ducation and health.  In addition, a DDIP report 
will take into consideration the b ilateral, regional and international commitments the target countries 
have entered into and the flexibilities available to them.   
9. Based on this analysis, the reports will incor porate medium to long-term recommendations on 
how governments and other stakeholders coul d make these frameworks more coherent and 
transparent, with a view to making IPRs contri bute to a country's sustainable economic and human 
development goals, and respond to emerging global opportunities.  The aim is to present an analysis 
and recommendations designed to promote innovation and technology transfer from abroad, as well as 
a pro-competitive and transparent domestic IP system . The DDIPs take due account of the importance 
of maintaining an appropriate public domain and the means to pursue important public interest 
objectives.  
10. UNCTAD has finalized the first DDIP Report fo r the Government of Uganda, following a 
request by the Ministry of Trade, Tourism and Industry (MTTI).  The policy recommendations contained in the DDIP are based on stakeholder in terviews and peer reviews undertaken throughout 
2008 and 2009.   IP/C/W/541/Add.2 
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  11. UNCTAD in September 2009 received a request from Cambodia's Ministry of Commerce to 
carry out another DDIP exercise.  A first fact finding mission to Phnom Penh is scheduled to take place in late 2009.  
D. R
WANDA :  IP NEEDS ASSESSMENT AND IP POLICY /STRATEGY FOR IMPLEMENTATION  
12. Based on two requests from Rwanda's Ministry for Trade and Industry (MINICOM), 
UNCTAD and ICTSD completed both a "Draft Repor t of Needs Assessment Diagnostic: Technical 
and Financial Cooperation Needs fo r the Implementation of the TRI PS Agreement in Rwanda" and a 
"Draft Rwanda Intellectual Property Policy and Im plementation Strategy."  Both documents were 
based on stakeholder interviews and were unanimous ly endorsed at a stakeholder workshop in March 
2009 in Kigali.  
E. COOPERATION WITH OTHER PROVIDERS OF IP-RELATED TECHNICAL ASSISTANCE  
13. Staff of UNCTAD's IP Team frequently partic ipate in capacity-building workshops on IP and 
development issues organized by other providers of IP-related technical assistance.  For instance, IP 
Team staff actively participated in a technical foru m organized at the Berlin Green Week International 
Fair by the Food and Agricultural Organization's Re gional Office for Europe and Central Asia on the 
issue of "Geographical Indication and its contribut ion to food security" (16 January 2009);  in a 
meeting on "Promoting Innovation and Managing Inte llectual Property for Development", organized 
on 10-11 May 2009 in Cairo, Egypt, by the Res earch, Development and I nnovation Programme of the 
Ministry of Higher Education and Scientific Res earch of Egypt; in a "Seminar on Copyright and 
Access to Knowledge in Africa:  Evidence from an Eight Country Study Project", on 20 May 2009 in 
Geneva, organized by IQsensato and the African  Copyright and Access to Knowledge (ACA2K) 
Project; in a regional dialogue on IP rights and Pu blic Health organized by ICTSD, the International 
Centre on Economic Policy for Sustainable Develo pment (CINPE), the World Health Organization-
Pan American Health Organization (WHO-PAHO) and the United Nations Development Programme 
held on 18-19 June 2009, at San Jose, Costa Rica; in the June 2009 Meeting of the Task Force on 
Intellectual Property Rights and Development of the Columbia University Initiative for Policy 
Dialogue in Manchester, United Kingdom, chaired by Nobel laureate Professor Joseph Stiglitz;  in the 
WIPO Conference on "Intellectual Property and Public Policies", held on 13-14 July 2009;  and in the 
WIPO "Open-ended Forum on Propo sed Development Agenda Projects" on 13-14 October 2009.  
IV. CONSENSUS-BUILDING  
14. Consensus-building among stakeholders on issues of IP is an important element of the 
programme's work.  UNCTAD's substantive cont ributions on analysis of issues related to 
development and IP have enabled it to become an  important forum, through its intergovernmental 
machinery, where governments, academia, civil soci ety and the private sector can meet to exchange 
ideas. Examples of the IP programme's consen sus-building activities include the following: 
• On 23 February 2009, UNCTAD and ICTSD jointly organized a roundtable discussion 
to examine the findings of the WTO dispute resolution panel report in China  -Measures 
Affecting the Protection and Enforcement of Intellectual Property Rights and to discuss 
its implications for the future of intellectual property rights enforcement. 
 
• On 16 April 2009, UNCTAD, ICTSD and the World Bank Institute held a joint 
dialogue on The negotiation and implementation of IP R provisions in preferential trade 
agreements:  Experiences and lessons learned.  
 
• On 30 April 2009, UNCTAD and ICTSD organized a side event to the WIPO 
Committee on Development and Intellectual Property on The WIPO Development IP/C/W/541/Add.2 
Page 6  
 
  Agenda and the Public Domain , presenting the UNCTAD-ICTSD Policy Brief No. 1 
(see above) and featuring Professor James Boyle with a presentation on "The Public 
Domain: Concept, Recent Trends and Implic ations for Creativity and Innovation".  
 
• On 29 May 2009, UNCTAD and ICTSD organized a side event during the meeting of 
the WIPO Standing Committee on Copy right and Related Rights (SCCR) on 
Limitations and Exceptions to Copyright – Recent Developments and the Way Forward , 
featuring, inter alia , Professor Reto Hilty with a presentation on "The Munich 
Declaration on a Balanced Interpretation of the 'Three-Step Test' in Copyright Law". 
 
• On 7 July 2007, UNCTAD, WHO, UNIDO and ICTSD held a Ministerial Breakfast 
Roundtable at the ECOSOC High Level Segment on Global Public Health, High-
Quality, and Low-Cost Pharmaceutical Production in Developing Countries . 
 
• On 18 September 2009, UNCTAD and ICTSD organized a dialogue on IP Offices and 
the Implementation of the WIPO Developm ent Agenda:  Challenges and Opportunities . 
Presentations were made by the Acting Director of WIPO's Development Agenda Coordination Division, an academic and a government official.  
 
For more information, please visit:  www.unctad.org/tot-ip
; and  www.iprsonline.org .  
 
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